Second Supplement -- Official Registration No. 797 -- Wednesday, September 26, 2012 -- 5

REPUBLIC OF THE REPUBLIC

THE PLENO

CONSIDERING:

What, according to the Article 34 of the Constitution of the Republic, the right to social security is an inalienable right of all persons, and a primary duty and responsibility of the State; What, as provided by Article 37 (1) and (3) of the Constitution of the Republic, the State will guarantee elderly people, among others rights, free and specialized health care, as well as free access to medicines, and universal retirement; What, by mandate of Articles 367 and 368 of the Constitution of the Republic, the social security system is public and universal, cannot be privatized and must address the contingent needs of the population, for which the State will regulate, regulate and control activities related to social security; What, according to the number 2 of the Article 285 of the Constitution of the Republic, the tax policy will promote redistribution and will stimulate employment; That, according to Article 33 of the Constitution of the Republic, labor is a right and a social duty, and an economic right, a source of personal fulfilment and the foundation of the economy, to which the State must ensure that workers are fully respected, among other things, for their dignity, decent life, remuneration and fair remuneration; What, as provided by Article 104 of the Labour Code, for the determination of annual earnings of the respective companies, the statements or liquidations which will be taken as the basis make for the effect of the payment of income tax; What, despite the fact that there is the attribution to impose penalties in case of non-compliance in the payment of the profits, as provided for in Article 107 of the Labour Code, and the the ability to consider related companies as a single, as stated in Article 103 of the same code, failure to avoid the breach of the obligation referred to above by the existence of front liners; What, They also tend to default on their tax obligations to the detriment of the determination of the Workers ' profits;

What, the Ecuadorian Social Security Institute is not able to collect outstanding payment values, as there are cases where employers tend to hide their assets and income. to default to the payment of utilities;

What, as a result of the above, the employers ' unreal statement prevents the collection of what the workers are entitled to, by way of profit; What, there are cases that neither even when workers manage to obtain favorable resolutions of justice, they can execute In order to receive what is due to them; What, in this area, by express delegation of the labor law, it becomes necessary the collaboration of the tax collection entity, to know the basis on which the workers will be able to claim their profits; What, it is necessary to establish the mechanisms through which the State can make effective the responsibility of the employers, who exceed the measures taken by them to evade their responsibilities; What, Article 178 of the Tax Code states that the third party exclusionary suspends the co-active procedure; What, must be prevented from suspending execution, when dealing with the avoidance of employer obligations; What, Article 269 of the Labor Code states that employees domestic workers are entitled to one day off every two weeks of service; That, such a provision is anachronistic, establishes unjustified inequality and violates the rights of domestic workers; What, Article 155 of the Code of Work establishes the obligation to have a nursery, in the case of those companies have 50 or more workers; What, in this same article is foreseen as an exception to the above mentioned, the possibility of reducing the working mothers ' day to 6 hours a day, during the 9 months after the birth, when the companies do not have the day care, which saves, only in this case, their right to breast-feeding; What, this exception is unfair, because the mothers who work in places where they do not have a nursery, will only receive a benefit for 9 months, in defence of their right to breast-feeding, but without considering their right to access to child care facilities; What, in the first case, in which companies have the infrastructure, mothers benefit from child care, but, in the opposite case, a special day is fixed, which saves the the right to breast-feeding; What, in this context, the above provision should be clarified, in order to establish precisely, the rights of breastfeeding and access to child care, for the benefit of all mothers;